Legal

Website services agreement

The terms for Silkline's monthly website plan.

1. About this agreement

1.1 This agreement is between Silkline, a business run by Jerico Tana, sole trader, NZBN 9429054053441 ("Silkline", "we", "us"), and the business that signs up for our services ("you", "the Client").

1.2 We record your business name, contact person, email, phone, website domain and start date when you sign up.

1.3 You are buying these services for your business, not for personal use.

2. What we provide

2.1 While your subscription is active, we will:

• design and build your website
• host it, with an SSL certificate (the padlock)
• keep it working and up to date
• send contact-form submissions to your email
• manage your domain name (see section 8)
• make one small edit a month, such as changing text, swapping photos or updating prices or hours. A small edit takes up to 30 minutes. Unused edits don't roll over.

2.2 Bigger changes, like new pages or a redesign, are quoted separately at $50 per hour, and we'll always agree the price with you first.

3. Design and setup

3.1 Before you pay anything, we'll show you two design directions and make one round of tweaks to the one you prefer.

3.2 If you'd like to go ahead, you pay a one-off $99 setup fee. This covers building the site from the chosen design.

3.3 After you pay the setup fee, you'll provide your content (logo, photos, services, areas you cover) using our content checklist. The build starts once we have it.

3.4 Before launch, you get two rounds of changes to the finished site. The site goes live when you approve it.

3.5 If we can't deliver the site for reasons on our side, we'll refund the setup fee.

4. Fees and payment

4.1 The subscription is $50 per month, starting on the day your site goes live, and charged monthly in advance.

4.2 Payments are made by card or direct debit through Stripe. We never see or store your full card details.

4.3 Silkline is not currently registered for GST, so no GST is added. If that changes, we'll give you at least 30 days' written notice of how it affects your price.

4.4 If a payment fails, we'll let you know and give you 14 days to fix it. If it's still unpaid after that, we may pause your website until payment is made.

4.5 We may change the monthly price with at least 30 days' written notice. If you don't agree with the change, you can cancel before it takes effect at no cost.

5. Your responsibilities

5.1 You confirm that the content you give us is accurate and that you have the right to use it, including photos, logos and reviews.

5.2 Claims about your business, such as licences, registrations, qualifications and guarantees, must be true. We'll publish what you give us but can't check it for you.

5.3 You'll reply to our content requests in reasonable time. We can't launch without your content.

6. Cancelling

6.1 There is no minimum term. You can cancel at any time by emailing [email protected]. There's no cancellation fee.

6.2 Cancellation takes effect at the end of the month you've already paid for, and you won't be charged again.

6.3 We can end this agreement with 30 days' written notice. We can end it sooner if you seriously break this agreement, for example by asking us to publish illegal or misleading content, and don't fix it within 14 days of us telling you.

7. When you leave

7.1 Your website goes offline at the end of your last paid month, because it runs on our hosting and code.

7.2 If you'd like to keep your domain, we'll give you the transfer code within 5 working days of your request and approve the transfer to your new provider.

7.3 If you'd like a copy of your website's files to use elsewhere, we can provide them for a one-off handover fee of $100.

7.4 We'll send you an export of your stored form submissions on request, then delete them within 30 days of your agreement ending.

8. Ownership and your domain

8.1 You own your content, logo, photos and your domain name.

8.2 We own the code, templates and tools we use to build and run websites. While you're subscribed, you have the right to use them as part of your site. If you pay the handover fee in 7.3, you get an ongoing right to use your site's files.

8.3 Your domain is registered with your own email as the registrant contact. Domain renewal costs are included in your subscription.

8.4 Domain registries have their own rules. For example, a .com domain can't be transferred within 60 days of being registered or transferred. These rules don't come from us.

9. Your customers' information

9.1 When your customers fill in your website's contact form, we handle their details on your behalf. Under the Privacy Act 2020, you are responsible for that information, and we act as your service provider.

9.2 We will:

• only use form submissions to deliver them to you and to count your monthly enquiries
• never contact, market to, sell or share your customers' details
• keep the information secure, with access limited to running the service
• keep stored submissions for no more than 12 months, then delete them
• tell you as soon as possible if we become aware of a privacy breach affecting your customers' information

9.3 Your website will include a privacy page explaining how customer details are collected and used. We'll provide a template; you're responsible for making sure it's accurate for your business.

9.4 We use trusted service providers to run the service, including Cloudflare (hosting, email and data storage), Stripe (payments) and GitHub (code). Some of these store data outside New Zealand. See our privacy policy.

10. Availability and results

10.1 We'll take reasonable care to keep your site online and working, but we rely on third-party providers and can't promise it will never be unavailable.

10.2 We can't guarantee a particular number of enquiries, sales or search rankings.

11. Liability

11.1 We'll provide the services with reasonable care and skill.

11.2 Because you're buying these services for your business, we both agree that the Consumer Guarantees Act 1993 does not apply, and that this is fair and reasonable.

11.3 Our total liability to you under this agreement is limited to the fees you paid us in the 12 months before the claim. Neither of us is liable for indirect losses, such as lost profits. This doesn't limit liability for anything that can't be limited by law.

12. Changes to this agreement

12.1 We'll give you at least 30 days' written notice of any change to this agreement. If you don't agree with a change, you can cancel before it takes effect at no cost.

13. Disagreements

13.1 If something goes wrong, tell us and we'll try to sort it out together first.

13.2 This agreement is governed by New Zealand law. Small claims can go to the Disputes Tribunal.

14. Agreeing to these terms

14.1 You accept this agreement by signing it or by paying the setup fee.